Easter Shop Trading

The adoption of the Easter Sunday Shop Trading Policy will take effect from Easter Sunday 2017. The policy will be reviewed again during the current Councils term of office.

The adoption of the Policy means that shops in the Carterton District are able to open on Easter Sunday if they wish to.

An employer who wants a shop employee to work on Easter Sunday must give the employee notice in writing 4-8 weeks before the relevant Easter Sunday.

Any shop employee has the right to refuse to work Easter Sunday, without needing to give their employee a reason why they choose not to. The employee needs to state their intention not to work 14 days before in writing as well.

The Shop Trading Hours Amendment Bill stipulates employer and employees rights, the Bill can be found here.

If you need further information regarding your responsibilities then please call us or pop into the Council office and we can talk it through with you or visit the Employment New Zealand website.

Background:

The Shop Trading Hours Act 1990 restricts trading on specified public holidays, including Easter Sunday. Under the Act only certain types of shops are able to trade on these days e.g. dairies, service stations, take away bars, restaurants, cafes, garden centres and duty free stores.

An amendment to the Act earlier last year now enables territorial authorities to decide whether to allow broader shop trading in their district on Easter Sunday via the development of a local Easter Sunday Shop trading Policy.

Recognising that Easter Sunday is a day of significance across New Zealand and that some people would prefer not to work on this day, the amendment to the Act also includes ‘right to refuse’ provisions. These provisions allow employees to decline to work on Easter Sunday without having to give a reason and without repercussions for their employment relationship.

The definition of a shop means a building, place, or part of a building or place, where goods are kept, sold, or offered for sale, by retail: and includes an auction mart, and a barrow, stall, or other subdivision of a market: but does not include a private home where the owner or occupier’s effects are being sold (by auction or otherwise) or a building or place where the only business carried on is that of selling by auction agricultural products, pastoral products, livestock, or any of them or a building or place where the only business carried on is that of selling goods to people who are dealers and buy the goods to sell them again.